STATE OF H.P. Vs. GURBAX SINGH

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 15.7.2007 passed by Judicial Magistrate, Ist Class (II), Dharamshala, District Kangra, HP in Case No. RBT No.22-II/99 titled as State vs. Gurbax Singh acquitting the accused of the charged offence.

(2.) AS per the case of the prosecution on 26.9.1998 complainant SI R.P.Jaswal (PW-2), Constable Malkiat Singh (PW-14) were going on patrolling duty towards Bus Stand and Cantt Road in Dharamshala, H.P. at about 7.20 p.m., they noticed the accused alongwith two other persons hurling filthy abuses under the influence of liquor. They were asked to stop abusing and directed the accompanying persons to leave the accused at his house. After some time the complainant came back and after reaching the place near Fwara Chowk, again found the accused and his two companions hurling filthy abuses causing Whether the reporters of Local Papers are allowed to see the Judgment? embarrassment to the passers-by including women. The complainant prevented the accused from doing the same at which the accused started quarrelling, pulled the name-plate put on the complainant's uniform and also started abusing the complainant. At that moment, ASI Kailash Chand, ASI Surinder Kumar, Constables Surinder, Ranjit and driver Jagdeep came in a vehicle and rescued the complainant from the accused. The accused was taken to the Zonal Hospital, Dharamshala for medical examination where he was examined by the Medical officer Dr. Vinay Kumar (PW-6), who issued his Medico Legal Certificate (Ext.PW-6/A). The report (Ext.PW-12/C) was lodged by the complainant and FIR No.229 of 1998 (Ext.PW-15/A) under Section 353, 294 IPC was registered with Police Station, Dharamshala. The Chemical Examiner's report (Ext.PW-15/C) was obtained by the Investigating Officer.

(3.) IN order to prove its case, the prosecution examined 15 witnesses and the statement of the accused under Section 313, Cr.P.C. was also recorded.